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[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 74647-74650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29285]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0703; FRL-9919-52-Region 9]

Revisions to the California State Implementation Plan, Feather 
River Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Feather River Air Quality 
Management District (FRAQMD) portion of the California State 
Implementation Plan (SIP). These revisions concern emissions of 
particulate matter (PM), volatile organic compounds (VOCs) and oxides 
of nitrogen (NOX) from wood heating devices and open 
burning. We are approving local rules that regulate these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on February 17, 2015 without further 
notice, unless EPA receives adverse comments by January 15, 2015. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0703, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), and some may not be 
publicly available in either location (e.g., CBI). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 
(415) 947-4125, vineyard.christine@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules

[[Page 74648]]

    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
        Local agency                   Rule No.                 Rule title            Amended        Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD.....................  3.17 (except E.8 ``. . . or  Wood Heating Devices..        10/05/09        07/25/14
                              other method approved by
                              the Air Pollution Control
                              Officer.'' and F.2.e).
FRAQMD.....................  2.0........................  Open Burning..........        10/06/08        08/07/14
----------------------------------------------------------------------------------------------------------------

    On September 11, 2014, EPA determined that the submittals for 
FRAQMD Rules 3.17 and 2.0 met the completeness criteria in 40 CFR part 
51 Appendix V, which must be met before formal EPA review.
    When Rule 3.17 was amended on October 5, 2009, the resolution did 
not specifically direct the District to submit it to EPA as a SIP 
revision. The District adopted Resolution 2014-02 on February 3, 2014 
directing staff to send Rule 3.17 to EPA as a SIP revision with minor 
changes discussed in EPA's technical support document (TSD).

B. Are there other versions of these rules?

    There is no previous version of Rule 3.17 in the California SIP.
    In the late-1970s and 1980s, Sutter County and Yuba County adopted 
open burning rules which were approved by the EPA for inclusion into 
the California SIP for these counties. In March 2004, these rules were 
locally merged into Rule 2.0, to apply District-wide and amended again 
locally in October 2008. On August 7, 2014, CARB submitted Rule 2.0 to 
the EPA for inclusion into the California SIP, specifying this rule 
would supersede the Sutter County and Yuba County rules currently in 
the California SIP as listed below.

                    Table 2--Rules To Be Superseded 1
------------------------------------------------------------------------
    Rule  No.              Title           Approval date     Citation
------------------------------------------------------------------------
                              Sutter County
------------------------------------------------------------------------
2.1.............  Exceptions to Rule 2.0      04/12/1982     47 FR 15585
2.2.............  APCO May Issue Burn         04/12/1982     47 FR 15585
                   Permit.
2.3.............  Burning on ''No-Burn''      04/12/1982     47 FR 15585
                   Days.
2.4.............  Exception to Rule 2.3.      04/12/1982     47 FR 15585
2.5.............  Permit Regulations....      02/03/1987      52 FR 3226
2.6.............  Burning Hours.........      04/12/1982     47 FR 15585
2.7.............  Agricultural Burning        04/12/1982     47 FR 15585
                   Requirement.
2.8.............  Range Improvement and       04/12/1982     47 FR 15585
                   Property Being
                   Developed for
                   Commercial or
                   Residential Purposes.
2.82............  Open Burning of Waste       01/26/1982      47 FR 3550
                   Wood on Property
                   Where Grown.
2.9.............  Prohibited Burning....      04/12/1982     47 FR 15585
2.10............  Exceptions............      04/12/1982     47 FR 15585
2.11............  Fire Prevention.......      04/12/1982     47 FR 15585
2.12............  Designated Agencies...      04/12/1982     47/FR 15585
2.14............  Reduction of Odorous        09/22/1972     37 FR 19812
                   Matter.
2.15............  Orchard and Citrus          04/12/1982     47 FR 15585
                   Heaters.
2.16............  Cost of Putting Out a       04/12/1982     47 FR 15585
                   Fire.
------------------------------------------------------------------------
                               Yuba County
------------------------------------------------------------------------
2.0.............  Open Fires............      04/17/1987     52 FR 12523
2.1.............  Exceptions to Rule 2.0      04/17/1987     52 FR 12523
2.2.............  APCO May Issue Burn         01/26/1982      47 FR 3550
                   Permit.
2.3.............  Burning on ``No Burn''      04/17/1987     52 FR 12523
                   Days.
2.4.............  Exceptions to Rule 2.3      01/26/1982   47 FR 3550 47
                                              04/12/1982        FR 15585
2.5.............  Permit Regulations....      04/17/1987     52 FR 12523
2.6.............  Burning Hours.........      04/17/1987     52 FR 12523
2.7.............  Agricultural Burning        04/17/1987     52 FR 12523
                   Requirements.
2.8.............  Forest Management           01/26/1982      47 FR 3550
                   Range Improvement and
                   Property Being
                   Developed for
                   Commercial or
                   Residential Purposes.
2.9.............  Prohibited Burning....      04/17/1987     52 FR 12523
2.10............  Exceptions............      01/26/1982      47 FR 3550
2.11............  Fire Prevention.......      04/17/1987     52 FR 12523
2.12............  Designated Agencies...      01/26/1982      47 FR 3550
2.14............  Pressure Tank.........      09/22/1972     37 FR 19812
2.15............  Orchard and Citrus          01/26/1982      47 FR 3550
                   Heaters.
2.16............  Cost of Putting Out a       04/17/1987     52 FR 12523
                   Fire.
------------------------------------------------------------------------
\1\ In some places the rule numbers contain an addition ``0'' (e.g.
  2.01, 2.02, etc.). However, the original rules, as approved into the
  California SIP, were numbered as shown in Table 2.

[[Page 74649]]

C. What is the purpose of the submitted rules?

    Open burning emits PM, including particulate matter of ten microns 
or less (PM10) and particulate matter of 2.5 microns or less 
(PM2.5), directly, as well as volatile organic compounds 
(VOCs) and oxides of nitrogen (NOX), which are precursors to 
ozone and PM2.5. PM and ozone contribute to effects that are 
harmful to human health and the environment, including premature 
mortality, aggravation of respiratory and cardiovascular disease, 
decreased lung function, visibility impairment, and damage to 
vegetation and ecosystems. Section 110(a) of the CAA requires States to 
submit regulations that control direct PM, VOC and NOX 
emissions.
    Rule 3.17 reduces inhalable PM emissions from residential wood 
heating devices, to achieve the same emission limits as other wood 
appliances, and to increase public awareness in Yuba and Sutter 
Counties. The burning of unseasoned wood is prohibited and any new or 
used wood heating device must be an EPA certified wood heating device.
    Rule 2.0 minimizes the impacts of smoke and other air pollutants 
generated by open burning and assures that it is managed consistent 
with state and federal law. The TSDs have more information about these 
rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act) and must not relax existing requirements (see sections 110(l) and 
193). In addition, SIP rules must implement Reasonably Available 
Control Measures (RACM), including Reasonably Available Control 
Technology (RACT), in moderate PM10 and PM2.5 
nonattainment areas, and Best Available Control Measures (BACM), 
including Best Available Control Technology (BACT), in serious 
PM10 and PM2.5 nonattainment areas (see CAA 
sections 189(a)(1) and 189(b)(1)). In addition, CAA section 172(c)(1) 
requires nonattainment areas to implement all reasonably available 
control measures (RACM) as expeditiously as practicable.
    FRAQMD is currently designated attainment for PM10. 
Therefore, Rule 2.0, Open Burning, and Rule 3.17, Wood Heating Devices, 
are not required to implement RACM or BACM with respect to PM-10.
    The Yuba City-Marysville area, which is under FRAQMD jurisdiction, 
is designated nonattainment for the 2006 24-hour PM2.5 
National Ambient Air Quality Standard (NAAQS). However, on January 10, 
2013 (78 FR 2211), EPA issued a determination that the area had 
attained the 2006 24-hour PM2.5 standard based on complete, 
quality-assured, and certified ambient air monitoring data for the 
2009-2011 monitoring period. Under EPA's Clean Data Policy and the 
regulations that embody it, 40 CFR 51.1004(c) (for PM2.5), 
an EPA rulemaking determination that an area is attaining the relevant 
standard suspends the area's obligations to submit RACM for as long as 
the area continues to attain. As a result, we are not evaluating Rule 
2.0 for compliance with RACM requirements for PM2.5 at this 
time. In addition, on May 23, 2013, CARB requested that EPA redesignate 
the Yuba City-Marysville PM2.5 nonattainment area to 
attainment for the 2006 24-hour PM2.5 NAAQS. If the Yuba 
City-Marysville area is redesignated to attainment, RACM requirements 
for PM2.5 will no longer apply.
    FRAQMD regulates a portion of the Sacramento Metro ozone 
nonattainment area, which is classified as Severe-15 under the 1997 and 
2008 NAAQS for ozone (40 CFR 81.305). Therefore, FRAQMD must implement 
RACM for open burning and wood heating devices if those measures will 
advance attainment of ozone NAAQS, when considered collectively with 
other reasonable measures. Additional control measures may be required 
pursuant to CAA Sec.  172(c)(1) if both: (1) Additional measures are 
reasonably available; and (2) these additional reasonably available 
measures will advance attainment in the area when considered 
collectively. EPA acts on the State's RACM demonstrations separately 
based on an evaluation of the control measures submitted as a whole and 
their overall potential to advance the applicable attainment date.
    Guidance and policy documents that we use to evaluate 
enforceability include the following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations; Clarification to Appendix D of November 24, 1987 
Federal Register Notice,'' (Blue Book), notice of availability 
published in the May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment 
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas 
Generally; Addendum to the General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 
(August 16, 1994).
    5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.

B. Do the rules meet the evaluation criteria?

    We believe these rules area consistent with the relevant policy and 
guidance regarding enforceability, and SIP relaxations. The TSDs have 
more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describes additional rule revisions that we recommend for 
the next time the local agency modifies Rule 2.0, Opening Burning, and 
Rule 3.17, Wood Heating Devices.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by January 15, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on February 17, 2015. This will incorporate 
these rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal

[[Page 74650]]

requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 17, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: October 16, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(447) and (c)(448) 
to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (447) New and amended regulations were submitted on July 25, 2014, 
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Feather River Air Quality Management District.
    (1) Rule 3.17 (except specific provisions of subsections E.8, F.2 
and F.4), ``Wood Heating Devices,'' amended on October 5, 2009.
    (448) New and amended regulations were submitted on August 15, 
2014, by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Feather River Air Quality Management District.
    (1) Rule 2.0, ``Open Burning,'' amended on October 6, 2008.

[FR Doc. 2014-29285 Filed 12-15-14; 8:45 am]
BILLING CODE 6560-50-P
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